Funeral Director Requirements by State: Where You Need One and Where You Don't

41 States Let Families Direct Everything

In the majority of US states, families have the legal right to care for their deceased at home, file the death certificate, obtain a burial-transit permit, transport the body, and deliver it to a crematory or cemetery — all without hiring a licensed funeral director.

Nine states restrict this right by requiring a funeral director for specific tasks. The restrictions vary significantly: some states only require a funeral director for paperwork filing, while others give funeral directors broad authority over the entire disposition process.

The Nine Restrictive States

Connecticut (CT Gen Stat § 7-62b, 65a, 69) — A funeral director must take custody of the body, file the death certificate, and obtain the burial-transit permit. Transit permits are issued exclusively to licensed professionals.

Illinois (410 ILCS § 535) — A funeral director must file the death certificate, transport the body, and be present to supervise the final burial or cremation.

Indiana (IC § 16-37) — A funeral director must handle body removal and transport. Disposition permits are only issued to licensed directors.

Iowa (IC § 331.805) — A funeral director must make arrangements with crematories. Embalming is also required if the deceased had a communicable disease.

Louisiana (LRS § 37:848) — The broadest restrictions. A funeral director must manage the death certificate, transport remains, and oversee final burial or cremation. Louisiana gives funeral directors near-complete statutory authority over after-death care.

Michigan (MCL § 700.3206) — A funeral director must file the death certificate and supervise final disposition (burial or cremation).

Nebraska (NRS § 38-1400s) — A funeral director must file the death certificate and transport the body. Any burial on private home property must be supervised by a funeral director.

New Jersey (NJ Stat § 26:6) — A funeral director must file the death certificate, transport remains, and supervise final burial or cremation.

New York (NY Public Health Law § 4140) — A funeral director must receive remains from any facility, file the death certificate, obtain transit permits, and supervise all funeral and final disposition services.

What Families Can Still Do in Restrictive States

Even in these nine states, the funeral director's required involvement is limited to specific administrative and supervisory tasks. Families can still:

• Care for the body at home — washing, dressing, and cooling the remains
• Host a home vigil for as long as preservation allows
• Perform religious and cultural rituals including Islamic Ghusl, Jewish Taharah, or any other tradition
• Choose their own casket or shroud without paying a handling fee where the FTC Funeral Rule applies
• Set the schedule for the vigil and service

The key is hiring a funeral director who understands and supports family-directed care. Ask specifically: "Will you handle only the legally required tasks and let us manage everything else?" Many funeral directors are happy to work this way — it's less work for them and the family gets the experience they want.

States with Full Family Rights

In the other 41 states plus DC, families can handle every aspect of after-death care independently. Some commonly asked-about states:

• Texas — Full family rights. Embalming or refrigeration required after 24 hours unless the body is in a sealed container.
• California — Full family rights. Families can file death certificates and obtain permits directly.
• Oregon, Vermont, Colorado — Among the most permissive states for home funerals, with strong community support networks and cooperative crematories.

The Electronic Filing Problem

Even in states where families have full legal rights, a practical barrier exists: most states use Electronic Death Registration Systems (EDRS) for death certificate filing, and access is often restricted to licensed funeral directors and medical professionals.

This means families in permissive states may still need to file paper death certificates in person at the local registrar's office. The process works, but it takes one to two business days and requires a trip to a government office during business hours — which can be stressful during active grief.

Some families hire a funeral director specifically for this task — a single filing service that costs $200 to $500, far less than a full-service funeral package.

The Home Funeral / Family-Directed Guide maps out the exact requirements for all 50 states, including which tasks require a funeral director, how to file death certificates in your jurisdiction, and scripts for communicating with cooperative funeral directors who will handle only the legally mandated tasks.